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Firing

There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.

Learn how to fire an employee and sidestep wrongful termination lawsuits, with battle-tested firing procedures, and employment termination letters. At last, you can fire at will!

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Here’s another reason to have privacy and confidentiality rules: Em­­ployees who violate those rules in order to gather evidence for a lawsuit they have filed can be disciplined.
Some disabled employees never tell employers about their con­­ditions—even if their disability could affect performance. And of course you know you shouldn’t treat employees as disabled unless they claim a disability. But what if you fire someone for poor performance?
It’s certainly possible to terminate an employee who returns from FMLA leave—if you have good reasons un­­related to the FMLA.

Management doesn’t need to base its decisions on proof beyond a reasonable doubt. Courts generally uphold termination decisions, even if it turns out they were based on faulty information. Simply put, as long as an employer reasonably believes it’s firing an em­­ployee for a good reason, it doesn’t have to be right.

Q. I would like to fire an employee who is unpleasant to work with. We simply don’t “click.” Do I have to have cause to terminate him?

In HR, sometimes one just has to wait while disputes run their course—like when a terminated employee sues over claims that clearly have no basis in reality. You can’t ignore such a lawsuit, but you should push your attorney right away to resolve the situation.

Legal action is heating up the Panhandle town of Freeport, after firefighter John Carter sued the mayor and the fire chief.
Employees fired for willful misconduct aren’t eligible for unemployment compensation. If you terminate someone for breaking a workplace rule, be prepared to prove that the employee knew about the rule and understood it.
Employees who have lost their jobs have very little to lose and everything to gain by suing their former employers. Your best defense when firing: Al­­ways carefully document a performance-related reason for the termination. That will trump all but the most egregious cases of supervisory expressions of bigotry.
Courts hesitate to second-guess an employer’s decision to cut staff for economic reasons. Generally, employees have to challenge such decisions head on, with direct evidence of discrimination. That’s hard to do.
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